The Trademarks and Other Distinctive Signs Act on January 1, 2000, is the legal basis in Costa Rica. Trademark registration is required to acquire trademark protection.
Requirements
A local agent must file a trademark application with the Registry of Industrial Property. A power of attorney must be signed; this document does not need to be legalized by the Costa Rican Consulate. A domestic registration is not required for foreign applicants.
Procedure
A formal examination, a distinctiveness examination, and a search for previous trademarks are all part of the application procedure. The trademark authority usually takes around two months to issue an office action.
The trademark is published in the official journal “La Gaceta” after the required examinations are completed. The opposition period is two months from the date of the trademark’s first publication. The certificate of registration will be issued if no oppositions are filed.
Duration
In Costa Rica, trademark registration is valid for ten years from the date of registration. The registration is valid for a term of ten years and can be renewed.
Additional information
In Costa Rica, only national registrations are available.
If the trademark is not utilized within 5 years of registration, it may be susceptible to a third-party cancellation action. In this situation, the trademark owner will be notified of the cancellation action and given the opportunity to demonstrate the trademark’s usage.
The Registry of Industrial Property will decide whether or not the trademark registration should be terminated after hearing from both sides.
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